strike down
strike down. To invalidate (a statute); to declare void.
revocation (rev-[schwa]-kay-sh[schwa]n), n. 1. An annulment, cancellation, or reversal, usu. of an act or power. 2. Contracts. Withdrawal of an offer by the offeror. Cf. REPUDIATION(2); RESCISSION; REJECTION(1). [Cases: Contracts 19; Sales 22(2), 23(2). C.J.S. Contracts § 63; Sales§ 32.] 3. Wills & estates. Invalidation of a will by the testator, either by destroying the
A consideration that so offends societal norms as to be invalid. • A contract supported by immoral consideration is usu. voidable or unenforceable. — Also termed turpis causa. [Cases: Contracts 112. C.J.S. Contracts §§ 275–276.]
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mortgage clause. An insurance-policy provision that protects the rights of a mortgagee when the insured property is subject to a mortgage. • Such a clause usu. provides that any insurance proceeds must be allocated between the named insured and the mortgagee “as their interests may appear.” — Also termed mortgagee clause. See LOSS-PAYABLE CLAUSE; ATIMA.
praeteritio (pree-t[schwa]-rish-ee-oh or pret-[schwa]), n. [Latin] Roman law. A testator’s exclusion of an heir by passing the heir over. • In Roman law, passing over sui heredes usu. invalidated the will. See SUI HEREDES.
Patents. A patent applicant’s amendment of a specification to relinquish one or more claims to the invention. 35 USCA § 253. • Before the statute was enacted, a single invalid claim was grounds for denying a patent. — Also termed patent disclaimer. See SPECIFICATION(3). [Cases: Patents 149, 154. C.J.S. Patents §§ 261–263.]
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spouse. One’s husband or wife by lawful marriage; a married person. [Cases: Husband and Wife 1.] innocent spouse. Tax. A spouse who may be relieved of liability for taxes on income that the other spouse did not include on a joint tax return. • The innocent spouse must prove that the other spouse omitted the
Blonder–Tongue doctrine. Patents. The rule that a patentee is barred by collateral estoppel from relitigating the validity of a patent that has been held invalid in an earlier proceeding in which the patentee had a full and fair opportunity to litigate the patent’s validity. • The rule was adopted by the U.S. Supreme Court in
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errore lapsus (e-ror-ee lap-s[schwa]s). [Latin] Hist. Mistaken through error. • This type of mistake was usu. not sufficient to invalidate a contract.